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| H.R.H. Metals, Inc. v. Miller, 1002015,
SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: While employee was a third-party beneficiary to a contract because his employer was a subcontractor to one of the parties of the contract, a new trial was required because the trial court misinstructed the jury as to contributory negligence.
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| Hedgemon v. Ups, 2000589,
COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: As trial court's ordering employee to reimburse employer for overpaid benefits was based not upon any common-law theory of recovery, but on incorrect interpretation of workers' compensation act, case was remanded for additional findings.
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| Hoover, Inc. v. State Dep't of Revenue, 1010281,
SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Summary judgment in favor of state department of revenue and against taxpaying corporation was reversed where department failed in its burden of proof to justify discriminatory treatment in assessing sales taxes.
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| In re C.G. v. State, 1010249,
SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Defendant's conviction as accomplice in sexual abuse of her daughter by child's father was affirmed, as evidence allowed jury to find that she knew of abuse and intended to allow it to occur in order to maintain her relationship with the father.
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| McCaster v. Jackson, 1010356,
SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Trial court properly granted summary judgment on claims of common-law negligence and wantonness where dog owner sufficiently established that she had no knowledge dog had any dangerous propensities.
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| Phillips v. AmSouth Bank, 1010207,
SUPREME COURT OF ALABAMA, April 19, 2002, Released
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Overview: Where trial judge converted dismissal motion to one for summary judgment, dismissal was error where trust beneficiaries, as non-movants, were prohibited discovery and reasonable opportunity to defend the same.
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| State Dep't of Human Res. v. A.K., 2001005,
COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Decided
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Overview: Agency produced clear and convincing evidence that mother and father continuously failed to meet needs of children; trial court abused its discretion in placing children in group home, instead of terminating parental rights.
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| State v. Thomas, CR-00-2704,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: Where petitioner, a parolee, was incarcerated by California authorities after being declared delinquent by Alabama Board of Pardons and Paroles, and delinquency was later nullified, petitioner was entitled to credit for time served in California.
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| Tucker v. Morgan, 2010395,
COURT OF CIVIL APPEALS OF ALABAMA, April 19, 2002, Released
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Overview: Pleadings of out-of-state attorney not complying with pro hac vice admission rules, for party alleging his vehicle's wrongful possession, were nullity, and it was error to grant premature summary judgment motion with no undisputed facts summary.
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